The Bombay High Court has given an important verdict in a rape case. The court said that if a girl books a hotel room with a boy and enters the room, it does not mean that she has agreed to have sex. The Goa Bench of the Bombay High Court, while cancelling the trial court's order, said that booking and entering a hotel room does not mean 'consent for sex'.
According to a report by Live Law, a single bench of the High Court headed by Justice Bharat Deshpande set aside the March 2021 order of the Margao trial court acquitting a man of rape charges.
What did the trial court order
The trial court had remarked that since the girl was involved in booking the hotel room, it meant that she had also given her consent to participate in the sexual activity that took place in that room. Therefore, Gulsher Ahmed cannot be charged with rape. However, the Bombay High Court passed an order on September 3 which was made public recently. The order said that the trial court judge had 'clearly erred' in making such a remark.
What is the whole matter?
In March 2020, Gulsher Ahmed called the victim to meet an agent, promising to get her a job abroad. Gulsher took the victim to a hotel in Margao. After this, both of them booked a room. As soon as he entered the room, he raped the victim, threatening to kill her. When the accused went to the bathroom, she ran out of the room and called the police. After this, the police immediately arrested him. When the case reached the trial court, the court let the accused go, saying that the woman was willing to go to the room, so she had agreed to have sex.
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